Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-06
APPLICATION ron PATENT.

APPLICATION ron PATENT.
Where papers have once been filed With the
register anu receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Geu
eral Land ONCE.
An application will be rejected when the
scription Of the premises 10 erroneous or
Application for patent will be rejected DO.
cause:
First The notice was published without the
knowledge Of the Register,
| Second-The notice was not uublished IN a
new paper designated as published nearest the
| claim.
T~hird-Record title was found defective.
and
Fourth--A previous application had baen
made for the same premises, which wss with.
drawn pending Q suit in Court commenced by
the adverse claimant.
An application for patent Will be rejected
wnen the survey Ices not accurately define tho
Where the Claim was not located In accord-
ance with law.
Where several parties own separate and dis
tinct portions u claim. application for
OF the claim owned by him; but where several
parties W undivided interests in a mining
claim all should Join in an application for =
patent.
a person or association may purchase a.
many placer locations as the local law sdinits,
and embrace them al In one application for Q
patent.
Two or more lodes cannot be embraced In
one application for 9 patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
Ing to act as . deputy for the Register and Re-
ceiver cannot be recorded as evidence,
In all patents for mining claims situated
within the interior boundaries OF Q town site
q clause is inserted excepting and excluding
all town property. rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in. and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication OF notice must be made n only
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 80 days must elapse between the
fret and last insertions.
Where the Registerdesignate the Tally issue
of 9 newspaper for publication Of notices of .
mining application for patent 10 is not q COM
pliance with law to change 10 the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF q salt spring on Q tract of
land wfthdrawa 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character OF ouch land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle . separate and
distinct claim against each application which
it 10 alleged conflicts with ,hs premises owned
| by such adverse claimant
The papers In an adverse claim, once filed
cannot be withdrawn. but become s q part OF the
record.
When an adverse claim has been nl.d II can.
not be amended so IS 10 embrace q larger per.
ton of the premises than that described ia the
original adverse claim.
An adverse clsim mEst be made ont in
proper form and alod In the proper local OH CO
during the period of publication Of the appii-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant o
suit In proper form within the re-
CURED time. and IL he trusts the uncertain
medium Of the Uuited States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure TO commence suit be the result Of
the cor supt or dishonest sction Of his stterney.
the interior Department. cannot redress the
| wrong.
An adverse claimant should set forth IN de-
tail the fscts upon which he bases his adverse
claim. A statement In general terms, emoody.
Ing conclusions OF law, without stating the
facts specially, Will not be considered Ia evil
donce.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and In regard to expenditures. and shall nle a
copy OF the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation OF parties to q suit that they
compose the company 10 SUFFICIENT. and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AaRIouLT1 aAL on MINERAL LAxDs.
Where land is OF little. II any value, for aRri.
cultural purposes, but 10 essential to the
proper development OF mining claims, 10
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry. said entry will be cancelled 81 any time
prior to issuance OF patent, upon satisfactory
evidence Of the existence Of such valuable de-
| posts.
where valuable deposits Of mineral are dis.
covered upon q tract sfter the same aas been
entered ~ agricultural, but before l stent has
been issued. the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled 10
that portion Of the land embraced by said
mining claim.
whers mineral deposits are discovered ON
agricultural lands after the patent has been
Issued to an Agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
a foreigner may make q mining location
dispose OF 1t. provided he becomes . citizen
before disposing OF the mine. Proof that the
party WAS not 9 citizen before disposlng of hts
claim must bs sfirmativeiy shown.
Locstofs and intermediate owners. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance of patent.
The portion of q mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declarations o become q
citizen his right dates back to HIS purchase,
aud he may therenpon secure United States
patent for his claim.
CROSS LEpaxs.
Revised Statutes. Section 1886:
Where two or moro lodges cross or intersect
each other. priority OF title shall govern, and
such prior location shall be entitled TO all ore
or mineral eont.ined within the space Of inter.
section, but the subsequent location shall have
the right OF way through the space Of inter-
section for the purpose OF the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union, In.
GLIDING all the space Of intersection.
TUNNELS.
There Is no authority Of law for q tunnel
location 5000 BY ! 800 feet. A proper location